Preclusion

Question 1

What question is asked when deciding preclusion?

Answer 1

whether a judgment already entered (Case 1) precludes litigation of any matters in another case (Case 2).

Question 2

What jurisdiction’s law applies

Answer 2

If Case 1 and Case 2 are in different judicial systems (e.g., state and federal), the court in Case 2 applies the preclusion law of the judicial system that decided Case 1.

Question 3

What is claim preclusion (res judicata)?

Answer 3

You only get to sue on a claim once. So you only get one case in which to vindicate all rights to relief for that claim.

Question 4

What are the requirements for claim preclusion?

Answer 4

1. Case 1 and Case 2 were brought by the same claimant against the same defendant
2. Case 1 ended in a valid final judgment ON THE MERITS
3. Case 1 and Case 2 asserted the “same claim.”

Question 5

What is the general rule regarding whether a judgement is on the merits?

Answer 5

• Unless the court said otherwise when it entered the judgment, any judgment is on the merits
• UNLESS it was based on jurisdiction, venue, or indispensable parties.

Question 6

What is the majority law regarding #3 “the same claim”?

Answer 6

Majority view (including federal law): A claim is any right to relief arising from a transaction or occurrence (T/O).

Question 7

What is the minority view regarding #3 “the same claim”?

Answer 7

There are separate claims for property damage and for personal injuries because those are different primary rights.

Question 8

What is issue preclusion (collateral estoppel)?

Answer 8

This is narrower than claim preclusion. Here, an issue was litigated in Case 1. The same issue is presented in Case 2. But if issue preclusion applies, we will not allow the issue to be relitigated in Case 2. We deem it established in Case 2.

Question 9

What are the requirements for issue preclusion?

Answer 9

1. Case 1 ended in a valid, final judgment on the merits
2. the same issue was actually litigated and determined in Case 1
3. The issue was essential to the judgment in Case 1. That means the finding on this issue is the basis for the judgment.

Question 10

Against whom can issue preclusion be asserted?

Answer 10

• It can only be used against somebody who was a party to Case 1 or in “privity” with a party.
• “Privity” means that a party to Case 1 represented someone who was not a party to Case 1.
• Example: Class action, where Rep represents members, who are bound even though they were not parties.

Question 11

By whom can issue preclusion be asserted?

Answer 11

Every court agrees that issue preclusion can be used by someone who was a party to Case 1 (or represented by a party).

The big question is whether it can be used by someone who was not a party to Case 1 (or represented by a party).

Question 12

Nonmutual defensive issue preclusion

Answer 12

Nonmutual defensive issue preclusion is when the one using it was not a party to Case 1 and is D in Case 2.

Question 13

Nonmutual offensive issue preclusion

Answer 13

Nonmutual offensive issue preclusion is when the one using it was not a party to Case 1 and is P in Case 2